Schell Spe

Key facts from Schell Spe's documents

Reflects the 2020 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

residential common interest community (Recitals)

Legal name

Marsh Island Homeowners Association (Section 1.3)

Units / lots

maximum of 500 dwelling units (Recitals)

Governing law

Delaware Uniform Common Interest Ownership Act (25 Del. C. §81-101, et seq.) (Section 1.1)

Assessments & dues

Until January 1 of the year following first Lot conveyance, amount set by Declarant in its sole discretion; thereafter Board sets amount sufficient to meet Common Expenses (Section 5.3(a))

Special assessments

May be levied for purposes Board deems appropriate, approved by 67% of votes of Members present at meeting; Emergency exceptions may be approved by Board alone (Section 5.5(a))

Collections & liens

Assessments become a lien on the Lot; Association may foreclose the lien; lien subordinate to first mortgages (Section 5.1, Section 5.10, Section 5.11)

Reserves & fees

Board shall annually prepare a reserve fund budget; reserve fund contribution included in annual assessment; separate interest-bearing account (Section 5.12)

Pets

Yes, but only dogs, cats, caged birds or other small domestic animals as pets not to exceed 4 (Section 7.2(b))

Leasing & rentals

Not explicitly prohibited in use restrictions; but reference to lease of Common Areas; home-based business restriction on employees; no short-term rental prohibition found

Architectural approval

Yes, for any Improvements (dwellings, structures, landscaping, etc.) (Section 6.1)

Home business

Allowed only if (a) limited to resident; (b) no employees; (c) no client/vendor visits; (d) minimum persons visiting; (e) conforms to laws; (f) principal business elsewhere; (g) no detectable noise/vibration etc.; (h) no hazardous materials (Section 7.1)

Signs & flags

Declarant and Participating Builders may maintain marketing signs: up to 4 signs per builder (5'x10') in Common Areas; signs in front of model homes (24''x18''); brochure box and sign on each lot for sale; other signs deemed necessary (Section 2.6(a)(3))

Maintenance

Association responsible for Common Areas including Common Facilities; Owners responsible for their Lots and Improvements (Section 1.8, Section 5.2)

Insurance

Not detailed in excerpt

Use restrictions

All buildings shall be used for residential purposes exclusively (Section 7.1)

Voting & meetings

Each Member shall have voting rights as provided in the Bylaws (Section 4.3)

Amendments

Not fully detailed in this excerpt; Supplementary Declaration used for annexation; budget amendments require member vote in certain cases (Section 2.3, Section 5.5(c))

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.